Stalking and Indecent Assault: How Does Initial Police Investigation Strategy Affect the Verdict?

Some of you reading this may have been accused of stalking or indecent assault.

Repeatedly sending messages to or waiting outside the home of an ex-girlfriend or someone who rejected your advances, against their will, is a clear violation of law and can be punished as stalking.

In particular, if the perpetrator, still fixated on a past relationship, forces physical contact, a charge of indecent assault may be added, raising the severity of punishment.

Therefore, if you are being investigated on such charges, you must establish a proper initial response strategy with the help of an attorney experienced in defending sex crime cases.

If your initial statements are made carelessly, you may face a disproportionately severe disposition regardless of the actual facts, so you should seek the assistance of legal counsel before undergoing police questioning.

At LAWFIRM LEAP, attorneys with experience at major law firms and as former police officers handle each case, giving us unparalleled insight into the police perspective and allowing us to propose the best strategies for clarifying the facts favorably during the investigation stage.

With that in mind, today we will explain how to respond to defend against punishment when accused of stalking or indecent assault.

01What Are the Penalties and Requirements for Stalking and Indecent Assault?

Stalking refers to repeatedly following, lingering around, or contacting someone against their will or without asking their consent, causing fear or anxiety.

Under the Act on Punishment of Stalking Crimes, if the charge is established, the offender may face imprisonment of up to 3 years or a fine of up to KRW 30 million.

02Act on Punishment of Stalking Crimes, Article 2 (Definitions)

The terms used in this Act are defined as follows. 1. "Stalking act" means an act committed against the will of the other party without justifiable reason, falling under any of the following, which causes anxiety or fear to the other party. a. Approaching, following, or blocking the path of the other party or the other party's cohabitant or family member (hereinafter "the other party, etc.") b. Waiting or watching at or near the residence, workplace, school, or other place where the other party, etc. ordinarily stays (hereinafter "residence, etc.") c. Causing objects, letters, words, symbols, sounds, pictures, or images (hereinafter "objects, etc.") to reach the other party, etc. by mail, telephone, fax, or information and communications network as defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter "information and communications network"), or causing such letters, words, symbols, sounds, pictures, or images to appear to the other party, etc. through a program or telephone function using the information and communications network d. Causing objects, etc. to reach the other party, etc. directly or through a third party, or leaving objects, etc. at or near the residence, etc. e. Damaging objects, etc. left at or near the residence, etc. of the other party, etc. f. Providing, distributing, or posting to a third party, using the information and communications network, any of the following information about the other party, etc. 1) Personal information as defined in Article 2(1) of the Personal Information Protection Act 2) Personal location information as defined in Article 2(2) of the Act on Protection, Use, Etc. of Location Information 3) Information edited, combined, or processed from 1) or 2) (limited to cases in which the data subject can be identified) g. Impersonating the other party, etc. by using their name, designation, photograph, image, or identifying information through the information and communications network

In particular, if forced physical contact occurs during stalking, a charge of indecent assault by force may be added, further raising the sentence, and rehabilitation measures under sex crime sentencing standards must also be fulfilled.

Therefore, if you are implicated in such a case, before undergoing questioning, you should review whether the allegations in the complaint accurately describe your actions and whether they legally constitute a punishable offense.

To do this, you need to review the elements of the offense under legal standards with the assistance of an experienced attorney.

This charge is typically established where, first, the offender repeatedly waits or watches at places such as the victim's home or workplace; second, the offender continues sending threatening messages via KakaoTalk or SNS, or by phone, despite the victim's expressed refusal to be contacted; and third, the offender demands to meet the victim by force.

Furthermore, if such acts involve forced physical contact, a charge of indecent assault will be established.

Therefore, before undergoing police questioning, you should seek the assistance of legal counsel to establish your position based on the facts and evidence and determine your response strategy before facing the investigation.

In such cases, if evidence exists, it may be advisable to acknowledge the charge, show remorse, and reach a settlement with the victim in order to receive leniency.

Given the severity of such offenses, if stalking occurred but indecent assault did not, proving this point to reduce the severity of punishment is also an important matter.

03Stalking and Indecent Assault: A Proper Investigation Response Is Essential to Avoid Punishment

If you have been accused of stalking and indecent assault, you should confirm whether the charge is likely to be established with the help of an experienced attorney before making any statement to police, and if so, demonstrate that there was no intent and that the act was impulsive.

However, if the offense was committed habitually, the severity of the case may increase, so if you have materials to rebut this, you should actively gather and submit them to the investigative authority.

That said, in cases where the charge is likely to be established, it is important to actively cooperate with the investigation while showing remorse and a commitment not to reoffend.

You should also actively convey your apology and take steps to reach a settlement in order to receive leniency.

Since there is no fixed standard for settlement amounts in criminal cases, you should proceed with the assistance of an experienced attorney.

Only then can you produce a settlement agreement with an appropriate amount that favorably supports the criminal proceedings.

Also, if a provisional measure has been ordered, you must faithfully comply with it, as this is also important in seeking leniency in the punishment for the offense.

In cases such as stalking and indecent assault, understanding your position clearly before the investigation stage and making statements based on evidence to establish credibility is necessary to obtain leniency even if the charge is established.

In particular, obtaining a settlement with the victim before the investigation concludes, which can serve as a mitigating factor, increases the likelihood of a suspended indictment, so you should prepare an initial response together with an experienced attorney.

I would like to emphasize the importance of responding systematically with the help of a legal professional who has a deep understanding of the investigation process and extensive experience gathering favorable statements and evidence during police questioning.

Because we have investigation experience, we can respond effectively to investigations.

The attorneys at LAWFIRM LEAP have handled numerous sex crime cases while working at Korea's leading law firms, Kim & Chang and Bae, Kim & Lee, and have conducted numerous critical initial investigations in sex crime cases as former police officers, giving us in-depth expertise necessary to respond effectively to police investigations.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and in the police force will personally support you from start to finish, actively proving your position to minimize your legal liability.

If today's discussion has not resolved your concerns about a serious matter, please feel free to contact us at LEAP anytime.

We will develop a customized strategy tailored to each client's situation, thoroughly preparing responses to investigations from the outset to help achieve a favorable outcome.

Thank you for reading this long article.